Important Changes to California's PAGA Law: What California Employers Need to Know Now
California employment lawyers Jared Hague & Travis Hodgkins join Brett to discuss crucial updates to California's PAGA law and provide actionable steps to minimize costly claims and exposure.
14 May 2024
What California Employers Need to Know About the New Workplace Violence Prevention Plan Law
Jared and Brett invite James Boretti and Johnny Hernandez on to the show to talk about the latest California workplace violence law - SB553. Both James and Johnny have over 60 years of combined experience in OSHA compliance and SH&E Management and have resources to share on what employers can do to reduce the instances of violence on their premises in this podcast episode.
Highlights:
A little bit about your guests James and Johnny.
There’s been an increase in workplace violence.
What is the SB553 law all about?
What is considered ‘violence’?
What are some of the things an employer should be aware of?
What should a small employer with a limited budget focus on?
How should you best train your employees about workplace violence?
It’s important that everyone in the company can recognize the signs and symptoms of the stages of violence and to bring in professionals that can stop it before it becomes irreversible.
Remember, this is not a one and done. You will have to revisit these resources and keep it top of mind for everyone in the company.
Jared and Brett have a mid-yearly update for California and Nevada employers on June 12 & 13 at 12pm Pacific. Sign up to be notified!
Resources:
Suttonhague.com
Calnevalaw.com
Borettiinc.com
21 Dec 2023
Key Legal Updates for Nevada Employers on Wages, Contractors, and Accommodations
Jared and Brett talk about the latest legal updates in Nevada that are crucial for employers to understand. They discuss the specifics of Nevada law regarding gender expression discrimination, the implications of temporary furloughs on compensation, and important Nevada-specific minimum wage updates. The episode also talks about the updated definitions of independent contractors and the new legal protections for pregnant and nursing mothers in the workplace.
Highlights:
Follow Sutton Hague on social media? You could be eligible for a Starbucks gift card!
Employers must accommodate religious beliefs unless there is an “undue hardship.” How do you define this?
You have to show a substantial burden. It’s much harder now to deny religious accommodation without documented proof.
Do you need to accommodate a person with gender dysphoria under the ADA?
Things to be aware of under Nevada law on how to best accommodate a person with gender dysphoria.
What does the Nevada law say about discrimination against gender expression?
Can someone have a valid claim for sexual harassment if they deem the music being played in the work environment as offensive and discriminatory?
Some quick Nevada legislative updates. There are some new rules on how workers’ comp records need to be provided.
What happens to a worker’s compensation when you put someone under “non-working status,” like a temporary furlough?
Jared joins the conversation to talk about minimum wage updates.
Let’s talk about the rolling 24 rule. What’s considered a “work day”?
If an employee comes in 10 minutes early, employers could owe them overtime.
Talk to your payroll provider to help you through this process. Many payroll providers do not know about this rule because it’s specific to Nevada law.
This minimum wage law is part of Nevada’s constitution. They take it seriously!
Daily overtime is owed to an employee making less than $15.375 per hour with exceptions and less than $16.875. Jared explains further.
Nevada updated their independent contractor definitions. Jared talks about law NRS 608.0155.
Employers can mistake who their employees are. Just because you say they’re an independent contractor doesn’t mean they are. They might be operating as a full-time employee under the eyes of the law.
Temp employees from a temp agency could be considered independent contractors; now you could be liable for 20‒30 more employees than you thought you did despite hiring a temp agency.
There are new laws for pregnant and/or nursing mothers. You can’t make mothers express breast milk in the bathroom, and employees can now file a lawsuit against this.
Non-compete agreements now violate the NLRA. What does that mean for your agreements?
Resources:
Suttonhague.com
Calnevalaw.com
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